News & Analysis as of September 19, 2024

First Amendment › Libel › Free Speech

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

The Academic Advisor - Education Law Insights, Issue 4, April 2023

Spilman Thomas & Battle, PLLC on 5/1/2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

Gibson’s v. Oberlin College: How False Accusations Led to a $32-Million Dollar Judgement

Kohrman Jackson & Krantz LLP on 4/22/2022

For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability....more

The Annual Roundup of California Anti-SLAPP Appellate Decisions

Davis Wright Tremaine LLP on 3/2/2020

In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435 anti-SLAPP motions in California’s trial courts...more

Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh

Davis Wright Tremaine LLP on 9/30/2019

Justice Clarence Thomas recently triggered profound concern among First Amendment and media lawyers by suggesting that the nation’s high court reevaluate New York Times v. Sullivan, calling that seminal decision, “and the...more

Of Free Speech and Thick Skin

Jackson Walker on 6/1/2017

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the...more

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

Jackson Walker on 9/21/2016

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

Jackson Walker on 4/28/2016

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

2015: A Year-End Review of Litigation Using California’s Anti-SLAPP Statute

Davis Wright Tremaine LLP on 2/5/2016

Annually, California’s Courts of Appeal and the Ninth U.S. Circuit Court of Appeals regularly issue several dozen published opinions interpreting California’s anti-SLAPP statute, Civil Procedure Section 425.16 et seq., and...more

Back From The Land Of Trial Mode: January Quicklinks

Gray Reed on 1/30/2014

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

BakerHostetler on 1/22/2014

In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely...more

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

Katten Muchin Rosenman LLP on 7/8/2013

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

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